Chapter 6A.02
GENERAL PROVISIONS
Sections:
6A.02.010 Title – Effective date – Application – Severability.
6A.02.020 Classification of crimes.
6A.02.030 Limitation of actions.
6A.02.060 Liability for conduct of another – Complicity.
6A.02.070 Violations of a continuing nature.
6A.02.080 Description of offense.
6A.02.010 Title – Effective date – Application – Severability.
(1) This ordinance, hereinafter referred to as this title, shall be known and may be cited as the Wenatchee Criminal Code and shall become effective as provided in Section 1.03 of Ordinance 2419.
(2) The provisions of this title shall apply to any offense which is defined in this title or the general ordinances, committed on or after the effective date hereof, unless otherwise expressly provided or unless the context otherwise requires.
(3) The provisions of this title specifically repeal the following ordinances insofar as they are inconsistent with this title: Ordinance Nos. 175; 178 § 2; 377; 402; 422; 478; 590; 686; 695; 748; 795; 936; 1226 §§ 1, 11; 1312; 1325; 1353; 1382; 1442; 1451; 1630; 1689; 1694 § 1; 1695; 1755; 1862 §§ 3, 4, 5, 6; 1921 §§ 2, 4; 1940; 1953; 1955; 1956 § 1; 1963; 2015 § 1; 2207.
(4) The provisions of this title do not apply to nor govern the construction of and punishment for any offense committed prior to the effective date of this title. Such an offense shall be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this title had not been enacted.
(5) If any provision of this title or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provision to other persons or circumstances is not affected, and to this end the provisions of this title are declared to be severable. (Ord. 2419 § 1.01, 1980)
6A.02.020 Classification of crimes.
(1) A crime is a gross misdemeanor when so designated in this title or by any other ordinance of the city. A gross misdemeanor is punishable upon conviction thereof by a fine of not more than $5,000 or by imprisonment in the city jail for not more than one year, or by both such fine and imprisonment.
(2) A crime is a misdemeanor when so designated in this title or by any other ordinance of the city. A misdemeanor is punishable upon conviction thereof by a fine of not more than $1,000, or by imprisonment in the city jail for not more than 90 days, or by both such fine and imprisonment.
(3) Whenever the performance or omission of any act is prohibited by any ordinance, and no penalty for the violation of such ordinance is imposed, the commission or omission of such act shall be a misdemeanor. (Ord. 2652 § 1, 1986; Ord. 2419 § 1.01, 1980)
6A.02.030 Limitation of actions.
Prosecutions for gross misdemeanors or misdemeanors which are not commenced within one year after the commission of the offense shall be barred; provided, that where a complaint has been filed within the time limit for the commencement of a criminal action, if the complaint is set aside, the time limitation herein provided shall be extended by the length of time from the time of filing such complaint to the time such complaint was set aside. (Ord. 2419 § 1.01, 1980)
6A.02.040 Definitions.
Unless a different meaning is clearly indicated, the following words shall have the following meanings for the purpose of this title:
(1) Intent. A person acts with intent, or intentionally, when he acts with the objective or purpose of accomplishing a result which constitutes a crime.
(2) Knowledge. A person knows or acts knowingly or with knowledge when:
(a) He is aware of facts, circumstances or results described by an ordinance defining an offense; or
(b) He has information which would lead a reasonable man in the same situation to believe that facts exist which facts are described by an ordinance defining an offense.
(3) “Malice” and “maliciously” import an evil intent, wish or design to vex, annoy, or injure another person.
(4) “Person” includes natural persons of either sex, and, where relevant, associations, firms, partnerships and corporations.
(5) “Peace officer” means a duly appointed city, county or state law enforcement officer.
(6) “Public officer” means a person holding office under city government who performs a public function and in so doing is vested with the exercise of some sovereign power of government.
(7) “Property” means anything of value whether tangible or intangible, real or personal.
(8) Words in the present tense shall include the future tense; and in the masculine shall include the feminine and neuter genders; and the singular shall include the plural; and the plural shall include the singular. (Ord. 2652 § 2, 1986; Ord. 2419 § 1.01, 1980)
6A.02.050 Criminal attempt.
(1) A person is guilty of an attempt to commit a crime if, with intent to commit a specific crime, he does any act which is a substantial step toward the commission of that crime.
(2) If the conduct in which a person engages otherwise constitutes an attempt to commit a crime, it is no defense to a prosecution of such attempt that the crime charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission.
(3) An attempt to commit a crime is a gross misdemeanor when the crime attempted is a class C felony; otherwise, an attempt to commit a crime is a misdemeanor when the crime attempted is a gross misdemeanor or misdemeanor. (Ord. 2652 § 3, 1986; Ord. 2419 § 1.01, 1980)
6A.02.060 Liability for conduct of another – Complicity.
(1) A person is guilty of a crime if it is committed by the conduct of another person for which he is legally accountable.
(2) A person is legally accountable for the conduct of another person when:
(a) Acting with the kind of culpability that is sufficient for the commission of the crime, he causes an innocent or irresponsible person to engage in such conduct; or
(b) He is made accountable for the conduct of such other person by this title or by the law defining the crime; or
(c) He is an accomplice of such other person in the commission of the crime.
(3) A person is an accomplice of another person in the commission of a crime if:
(a) With knowledge that it will promote or facilitate the commission of the crime, he
(i) Solicits, commands, encourages, or requests such other person to commit it, or
(ii) Aids or agrees to aid such other person in planning or committing it; or
(b) His conduct is expressly declared by law to establish his complicity.
(4) A person who is legally incapable of committing a particular crime himself may be guilty thereof if it is committed by the conduct of another person for which he is legally accountable, unless such liability is inconsistent with the purpose of the provision establishing his incapacity.
(5) Unless otherwise provided by this title or by the law defining the crime, a person is not an accomplice in a crime committed by another person if:
(a) He is a victim of that crime; or
(b) He terminates his complicity prior to the commission of the crime, and either gives timely warning to the law enforcement authorities or otherwise makes a good faith effort to prevent the commission of the crime.
(6) A person legally accountable for the conduct of another person may be convicted on proof of the commission of the crime and of his complicity therein, though the person claimed to have committed the crime has not been prosecuted or convicted or has been convicted of a different crime or degree of crime or has an immunity to prosecution or conviction or has been acquitted. (Ord. 2652 § 4, 1986; Ord. 2419 § 1.01, 1980)
6A.02.070 Violations of a continuing nature.
For any violation of this title which is of a continuing nature, each day’s violation shall be considered a separate offense and shall subject the offender to the penalties provided for each offense. (Ord. 2419 § 1.01, 1980)
6A.02.080 Description of offense.
In describing any offense under this title, it shall be sufficient to state the offense in the words of this title or in any words of like effect. (Ord. 2419 § 1.01, 1980)